A New Jersey city wants to turn a historic 1940s art deco building that was formerly a Sears Roebuck and Co. store into a mixed-use project with up to 325 apartments, retail space, and more.
However, the move is being challenged in court by the property’s owners who argue that the city is improperly using eminent domain to take land that is not blighted.
“There are many cases in which a government can legally exercise its powers of eminent domain to take private property,” attorney Ben Michael of Michael & Associates in Dallas tells Realtor.com®. “They seize the property from the owners, even if the owners don’t want to give it up. But, there are legal requirements here—the government can’t just take your property for any reason.”…